So, what is a tax lien. Well, a tax lien is when real or personal property is attached and used to secure the payment of unpaid taxes. Tax liens may be used for taxes owing on the asset itself or they can be used as a way of “encouraging” taxpayers to pay their delinquent income taxes.
A real property tax lien is the most common type of tax lien. There is one major difference between real property tax liens and personal property tax liens. The difference is that with real property tax liens the lien attaches to the real property and remains with it. So, if you just purchased a piece of real property and there was a tax lien against it, you will be responsible for payment of the delinquent taxes if the tax lien was not discovered prior to the close of the sale.
The real property owner and mortgage lender will be served with a notice if taxes become delinquent on the property. A title search is invaluable if you are thinking of purchasing a piece of real estate. The existence of any tax liens will show up on a title search, thereby alerting you to the fact that there are unpaid taxes due.
When a property is sold which has outstanding taxes due, any lien against the property will normally be paid from the proceeds of the sale as a portion of the closing costs. If a tax lien is not detected prior to the sale, the delinquent tax will pass to the new owner.
Sometimes mortgage holders will pay the late taxes when they receive the notice of taxes due and then will invoice the home owner for the amount paid. Mortgage holders will do this to protect their interests because a governmental tax lien outweighs the mortgage payment due to the mortgage holder.
If this doesn’t happen, the home owner has several options to consider in order to pay the delinquent taxes. Two options to consider are paying the overdue taxes directly or using an escrow account.
Home owners typically have a period of time within which to come up with the money to pay the overdue taxes. In the event the taxes are not paid as required, the real or personal property can be seized, auctioned off, and the sale proceeds used to bring the taxes current.
Typically, federal procedures will dictate the process since most real property liens are federal in nature, such as liens for the payment of income tax or gift tax. If the tax lien is state mandated, the procedures will be determined by the state in which the real estate is located. To avoid this type of scenario, it is best to pay all taxes when they are due and to request a title search if you are considering a real estate purchase.
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categories: tax liens,liens,tax lien,delinquent taxes,back taxes,overdue taxes,tax,taxes,mortgage holder,mortgage lender,debt,credit,personal finance
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